- Dedication
- New to edition
- Preface
- Guide to the online resources
- Table of cases
- Table of legislation
- Table of statutory instruments
- Table of EU legislation
- Table of international treaties and conventions
- Table of codes of practice
- Part 1 Introduction
- 1. Studying Law
- Part 2 The English legal system
- 2. Law, the Constitution, EU Membership, and Human Rights
- 3. Sources of Law, Statutory Interpretation, and the Legislative Process
- 4. The Court Structure and Alternative Forms of Dispute Resolution
- Part 3 Contractual obligations
- 5. Essential Features of a Valid Contract 1: Offer and Acceptance
- 6. Essential Features of a Valid Contract 2: Consideration, Intention to Create Legal Relations, and Certainty of Terms
- 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
- 8. Contractual Terms
- 9. Statutory Regulation of Contracts
- 10. Discharge of Contract and Remedies for Breach
- Part 4 Tortious liability
- 11. Negligence and Nuisance
- 12. Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury
- 13. Vicarious Liability and Statutory Duties
- Part 5 Company law
- 14. Trading Structures and Forming the Business Enterprise
- 15. Corporate Administration
- 16. Maintenance of Finance and Capital
- 17. Corporate Management
- Part 6 Agency law
- 18. Agency
- Part 7 Employment
- 19. Employment Status and the Terms Forming the Contract
- 20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
- 21. Unfair Dismissal and Constructive Dismissal
- 22. Equality in the Workplace and Parental Rights
- 23. Regulation of the Conditions of Employment
- Part 8 Intellectual property
- 24. Intellectual Property
- Glossary
- Index
(p. 469) 19. Employment Status and the Terms Forming the Contract
- Chapter:
- (p. 469) 19. Employment Status and the Terms Forming the Contract
- Author(s):
James Marson
and Katy Ferris
- DOI:
- 10.1093/he/9780198766285.003.0019
This chapter discusses how employment relations affect all business organizations and why it is especially important to identify the status of individuals engaged in employment. It begins by considering the regulation of the employment relationship and identifies the tests to establish the employment status of individuals, as well as the reasons behind the significance of the distinction between an employee and independent contractor. The three common law tests that have been used to determine employee status—control, integration, and mixed or economic reality—are identified, and how it is most appropriate in applying the tests to begin with those established in Montgomery v Johnson Underwood, and then proceed to the final question in Ready Mixed Concrete. The chapter also identifies the terms implied into contracts of employment and the obligations these place on the involved parties.
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- Dedication
- New to edition
- Preface
- Guide to the online resources
- Table of cases
- Table of legislation
- Table of statutory instruments
- Table of EU legislation
- Table of international treaties and conventions
- Table of codes of practice
- Part 1 Introduction
- 1. Studying Law
- Part 2 The English legal system
- 2. Law, the Constitution, EU Membership, and Human Rights
- 3. Sources of Law, Statutory Interpretation, and the Legislative Process
- 4. The Court Structure and Alternative Forms of Dispute Resolution
- Part 3 Contractual obligations
- 5. Essential Features of a Valid Contract 1: Offer and Acceptance
- 6. Essential Features of a Valid Contract 2: Consideration, Intention to Create Legal Relations, and Certainty of Terms
- 7. Contracts, Contractual Capacity, Mistake, Misrepresentation, and Duress
- 8. Contractual Terms
- 9. Statutory Regulation of Contracts
- 10. Discharge of Contract and Remedies for Breach
- Part 4 Tortious liability
- 11. Negligence and Nuisance
- 12. Economic Loss, the Liability of Professional Advisors, and Psychiatric Injury
- 13. Vicarious Liability and Statutory Duties
- Part 5 Company law
- 14. Trading Structures and Forming the Business Enterprise
- 15. Corporate Administration
- 16. Maintenance of Finance and Capital
- 17. Corporate Management
- Part 6 Agency law
- 18. Agency
- Part 7 Employment
- 19. Employment Status and the Terms Forming the Contract
- 20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
- 21. Unfair Dismissal and Constructive Dismissal
- 22. Equality in the Workplace and Parental Rights
- 23. Regulation of the Conditions of Employment
- Part 8 Intellectual property
- 24. Intellectual Property
- Glossary
- Index